PRESENT: CARNI, J.P., LINDLEY, NEMOYER, TROUTMAN, AND SCUDDER, JJ.

DOCKET NO. CA 16-00146
DOCKET NO. CA 16-01627

IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNT OF HSBC BANK USA, N.A., AS TRUSTEE OF THE TRUST UNDER AGREEMENT DATED JANUARY 21, 1957, SEYMOUR H. KNOX, GRANTOR, FOR THE BENEFIT OF THE ISSUE OF SEYMOUR H. KNOX, III FOR THE PERIOD JANUARY 21, 1957 TO NOVEMBER 3, 2005. (PROCEEDING NO. 1.) IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE ACCOUNT OF HSBC BANK USA, N.A., AS TRUSTEE OF THE TRUST UNDER AGREEMENT DATED JANUARY 21, 1957, SEYMOUR H. KNOX, GRANTOR, FOR THE BENEFIT OF THE ISSUE OF SEYMOUR H. KNOX, III FOR THE PERIOD NOVEMBER 4, 2005 TO JUNE 25, 2012. (PROCEEDING NO. 2.) ——————————————————————& mdash;——— IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE ACCOUNT OF W.A. READ KNOX, SUCCESSOR TRUSTEE, JEAN R. KNOX, AND HSBC BANK, USA, N.A., AS TRUSTEES OF THE TRUST UNDER ARTICLE THIRD OF THE WILL OF SEYMOUR H. KNOX, III, DECEASED, FOR THE PERIOD JULY 16, 1998 TO NOVEMBER 3, 2005. (PROCEEDING NO. 3.) ——————————————————————& mdash;——— IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE ACCOUNT OF W.A. READ KNOX, SUCCESSOR TRUSTEE, JEAN R. KNOX, AND HSBC BANK, USA, N.A., AS TRUSTEES OF THE TRUST UNDER ARTICLE THIRD OF THE WILL OF SEYMOUR H. KNOX, III, DECEASED, FOR THE PERIOD NOVEMBER 4, 2005 TO SEPTEMBER 4, 2012. (PROCEEDING NO. 4.) ——————————————————————& mdash;——— IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNT OF W.A. READ KNOX, SUCCESSOR TRUSTEE AND JEAN R. KNOX AND HSBC BANK, USA, N.A., AS TRUSTEES OF THE TRUST UNDER ARTICLE SEVENTH OF THE WILL OF SEYMOUR H. KNOX, III, DECEASED, FOR THE BENEFIT OF JEAN R. KNOX (MARITAL TRUST) FOR THE PERIOD JUNE 3, 1996 TO NOVEMBER 3, 2005. (PROCEEDING NO. 5.) ——————————————————————& mdash;———- IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE ACCOUNT OF W.A. READ KNOX, SUCCESSOR TRUSTEE JEAN R. KNOX AND HSBC BANK, USA, N.A., AS TRUSTEES OF THE TRUST UNDER ARTICLE SEVENTH OF THE WILL OF SEYMOUR H. KNOX, III, DECEASED, FOR THE BENEFIT OF JEAN R. KNOX (MARITAL TRUST) FOR THE PERIOD NOVEMBER 4, 2005 TO JANUARY 31, 2013. (PROCEEDING NO. 6.) ——————————————————————& mdash;——— HSBC BANK USA, N.A., PETITIONER-APPELLANT; W.A. READ KNOX, SEYMOUR H. KNOX, IV, AVERY KNOX, HELEN KNOX KEILHOLTZ AND JEAN READ KNOX, OBJECTANTS-RESPONDENTS. (APPEAL NO. 1.) IN THE MATTER OF THE JUDICIAL SETTLEMENT OF THE INTERMEDIATE ACCOUNTS OF HSBC BANK USA, N.A., AS TRUSTEE OF THE TRUST UNDER AGREEMENT DATED JANUARY 21, 1957, SEYMOUR H. KNOX, GRANTOR, FOR THE BENEFIT OF THE ISSUE OF SEYMOUR H. KNOX, III, FOR THE PERIOD JANUARY 21, 1957 TO NOVEMBER 3, 2005, AND NOVEMBER 4, 2005 TO JUNE 25, 2012. ——————————————————————& mdash;———- HSBC BANK USA N.A., PETITIONER-APPELLANT, V SEYMOUR H. KNOX, IV, W.A. READ KNOX AND AVERY KNOX, OBJECTANTS-RESPONDENTS, AURORA KNOX, RESPONDENT. (APPEAL NO. 2.)

Appellant having moved to consolidate the appeals taken herein from orders of the Erie County Surrogate's Court entered in the Office of the Clerk of said court on July 13, 2015 (appeal No. 1), and January 28, 2016 (appeal No. 2),

Now, upon reading and filing the affirmation of Richard T. Sullivan, Esq., dated October 18, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to consolidate the appeals is denied, and

It is further ORDERED that appeal No. 1 is removed from the January 11, 2017, day calendar of this Court, and is added to the term of this Court commencing February 27, 2017, to be heard together with appeal No. 2.

Entered: November 29, 2016

Frances E. Cafarell, Clerk